REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CRIMINAL CASE NO. E042 OF 2024 (MURDER) REPUBLIC.......................................................PROSECU TOR VERSUS MOSES WANYONYI WANAMBUKO............................ACCUSED RULING ON SENTENCE 1. Moses Wanyonyi Wanambuko was convicted of murder by this court on 9.7.2026. A pre-sentence report dated 24.7.2026 indicates the following: the accused is 46 years old and has a family. The deceased was one of his children. He has siblings, and the social inquiry established that there was no known history of criminal behaviour within his family. His marriage broke down in 2018 due to persistent domestic conflicts. After the separation, he retained custody of two children. Social investigations revealed that he consumed alcohol, and family members reported that he became aggressive when intoxicated. 2. During the innocence interview, despite the accused maintained his having been convicted. He acknowledged the gravity of the offence, expressed remorse for his son's death, and sought leniency at sentencing. His former wife described her son's death as a HCCRC NO. E042 OF 2024- RULING ON SENTENCE 1
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deeply painful and traumatic experience from which she has not recovered. She urged the Court to impose an appropriate custodial sentence, stating that she believes the offender should be held fully accountable for his actions. It was noted that there is currently no hostility towards the offender in the community and that community support would be available to facilitate his rehabilitation and reintegration. 3. The report on his conduct is unfavourable. Miss Lunani, for the accused, urged this court to consider that he has been a peaceful, law-abiding citizen and that the incident was unfortunate, a departure from his normal behaviour. She urged the court to note that he is a first offender and the breadwinner for his family, including the surviving children. She asked the court to consider the period he had been in remand. 4. Murder is a serious offence. Its penalty remains death, although this court has the discretion to impose an appropriate sentence. The circumstances of this case were very unfortunate. The accused used excessive force whilst beating his child, who died as a result of the beating. Choices have consequences. The victim, his estranged wife, is still hurting. In my view, the accused's actions do not warrant a non-custodial sentence. I therefore sentence Moses Wanyonyi Wanambuko to ten (10) years' imprisonment. The period spent in remand shall be taken into account as part of his sentence in accordance with section 333(2) of the Criminal Procedure Code. HCCRC NO. E042 OF 2024- RULING ON SENTENCE 2
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Dated, signed and delivered virtually this 19 th Day of August 2026. R. E.OUGO JUDGE In the presence of: Moses Wanyonyi Wanambuko/Accused Miss Matere for the State Miss Lunani for the Accused Fredrick/Minah – C/A HCCRC NO. E042 OF 2024- RULING ON SENTENCE 3
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